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ARVIND SINGH CHANDEL
Amit Kumar Singh @ Amit Singh S/O Late Rameshwar Singh – Appellant
Versus
State Of Bihar, Through Principal Secretary, Home, Govt. Of Bihar, Old Secretariat, Patna. Bihar – Respondent
JUDGMENT :
This petition has been preferred by the petitioner seeking the following reliefs:
(ii) To issue further appropriate writ, order or direction in the nature of mandamus commanding the Respondents not to take any coercive step against the Petitioners in pursuance of Mufassil (Gaya) PS Case No 1094/2023.
(iii) This Hon’ble Court may adjudicate and hold that no cognizable offence is made out against the Petitioners as per the contents of First Information Report and therefore the Petitioners cannot be subjected to criminal prosecution.
(iv) To award the cost of litigation and suitable compensation to the petitioners for the loss and damages caused to them.
(v) To grant/award and other relief or reliefs which the Petitioners may be found entitled to in the facts and circumstances of the case.”
2. According to the pleadings, on the basis of written report dated 26.10.2023 made by the informant Haren
Delay in filing a complaint and lack of criminal intent render allegations of cheating and fraud insufficient to constitute a cognizable offence under IPC.
The court emphasized that speculative allegations without substantial evidence cannot sustain criminal proceedings, and individuals possess the right to manage their property affairs without undue in....
Mere non-payment in business supply transaction does not constitute cheating under IPC Section 420 absent proof of dishonest inducement at inception; such civil disputes warrant FIR quashing to preve....
Criminal proceedings cannot arise from mere breach of contract; such disputes should be resolved through civil remedies, and misuse of criminal law for civil disputes is an abuse of process.
A criminal proceeding cannot be sustained where allegations do not establish an offense, reflecting a purely civil dispute.
The absence of established intention to cheat from the beginning and the need to make the company a party in cases where a wrong has been done by the company are crucial legal principles established ....
The main legal point established in the judgment is that a mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown at the begin....
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